Case Comment - Northland Kaska Corporation v. Her Majesty the Queen In Right of the Territorial Government of Yukon Territory, 2001, B.C.S.C. 929

January 31, 2002

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In Northland Kaska, the plaintiff contractor began work on a highway reconstruction project for the defendant. During the course of the work the plaintiff encountered water seepage, excess groundwater and soft wet soil conditions, which the plaintiff claimed caused it delay and related costs. When the defendant refused to pay the plaintiff additional compensation, the plaintiff sued and applied for summary judgment in the amount $1,483,779.55 plus interest and costs, representing what it estimates it incurred in extra expenses and construction delays due to the alleged change in soil conditions. In advancing its claim, the plaintiff argued that it had relied on the pre-tender information supplied by the defendant and the soil conditions it actually encountered differed substantially from the information contained in the pre-tender information and could not have been reasonably assumed.

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In Northland Kaska, the plaintiff contractor began work on a highway reconstruction project for the defendant. During the course of the work the plaintiff encountered water seepage, excess groundwater and soft wet soil conditions, which the plaintiff claimed caused it delay and related costs. When the defendant refused to pay the plaintiff additional compensation, the plaintiff sued and applied for summary judgment in the amount $1,483,779.55 plus interest and costs, representing what it estimates it incurred in extra expenses and construction delays due to the alleged change in soil conditions. In advancing its claim, the plaintiff argued that it had relied on the pre-tender information supplied by the defendant and the soil conditions it actually encountered differed substantially from the information contained in the pre-tender information and could not have been reasonably assumed.